Family in legal threat over death-crash biker

John Quinn

Sub-standard road was a factor at accident blackspot

A FAMILY is considering legal action against Oldham Council after hearing a sub-standard road contributed to the death of a father-of-five.

As revealed by the Chronicle yesterday, police officers told an inquest they were startled to discover two fatal crashes only three months apart were almost identical and in the exact same spot. A substandard camber was a contributory factor.

John Quinn (47), from Buttermere Road, Ashton, died from multiple injuries when he crashed into an out-of-control car that had careered in front of his motorbike on the A672 Ripponden Road, Moorside, on May 5, last year.

At the resumption of the hearing at Oldham County Court yesterday, the council admitted it had not carried out road surfacing treatment it was intending to do on the notorious accident blackspot a year before the tragedies.

New head of highways and engineering, Philip Matley, took the witness stand to say the engineer responsible was taken seriously ill and the programme delayed.

As it was only Mr Matley’s second week in the role he couldn’t say why a deputy could not have taken over the work, whether a structural assessment was undertaken or answer several other questions.

Mr Matley said there had been no further complaints at the location between October, 2007, when warning signs were put in place, and the time of Mr Quinn’s accident.

But Andrew McGowan, representing Mr Quinn’s family, said a road traffic accident database showed there were six accidents of a similar nature within that time.

Police officers have already identified 11 similar collisions reported to them on the same Besom Hill bend and say many more may have gone unreported.

Mr Matley said he hadn’t seen the database and that the council’s partner, the Unity Partnership, had access and dealt with traffic safety. A team monitors it and there would be intervention levels that trigger a warning, though 11 accidents in six years would be below this.

The accident happened after Michael Wood (26), from Shaw, lost control of his Renault Clio on the bend in wet conditions and slid on to the wrong side of the road. He hit one motorcyclist, who escaped serious injury, and ploughed into a wall as Mr Quinn (pictured) and his motorbike crashed into him.

Mr Wood didn’t know what had caused the accident, telling police: “The only thing I can think of is the road surface.”

The council found the section of road had a sub-standard camber, affecting road surface friction in wet weather.

One side of the road — an uphill section heading towards Oldham — was found to have a better natural grip than the other side, which caused cars crossing the centre line to spin.

Remedial work was not carried out until three weeks after a second fatality last August when Benjamin Jessop, from Barnsley, died in a crash at the same spot. An inquest into his death continues.

A new road dressing was put down along with signs advising motorists to drive at 30mph round the bend. There have been no reported accidents since.

Recording a verdict of accidental death, coroner Simon Nelson said: “I do believe there was a loss of control on the part of the driver on this occasion and that was contributed to by a combination of the prevailing road surface condition being wet and the camber of the surface. Those factors can’t be ignored.

“The actions of Mr Quinn were entirely blameless. Tragically, and sadly, he was in the wrong place at the wrong time.”

He said there was insufficient information to assess the relevance of previous crashes.

Mr McGowan said it was a difficult time for the family but in due course they would review the evidence, including some not presented, to consider legal action against the motorist and the council.

This could be on the basis of the loss of control of the car, the sub-standard camber and why the road surfacing treatment wasn’t started earlier.

Mr Matley said a £22.5m investment from the Department of Transport would be used to draw up plans to resolve the camber problems with work due to start within 18 months. Mr Nelson said he expected the work to be carried out in a reasonable amount of time to prevent another tragedy.

Councillor John McCann is Oldham Council’s Cabinet member for regeneration and environment.

He said: “Oldham Council wishes to extend its deepest sympathy and condolences to the family and friends of John Quinn and to all others injured and affected by this accident.

“The council takes very seriously the safety of the public using the highway.

“We will consider very carefully the inquest verdict to make sure that present and future plans for the road take account of all the recommendations.”